The main legal point established in the judgment is the reliance on consistent witness testimony, medical opinion, and scientific evidence to establish guilt in a criminal case.

M. Chockalingam, J.

1. Challenge is made to a judgment of the Additional Sessions Division, Fast Track Court, Vellore, made in S.C.No.23 of 2002 whereby the sole accused/appellant stood charged under Sec.302 (2 counts) IPC, tried, found guilty as per the charge and awarded life imprisonment for each count which was ordered to run concurrently.

2. Short facts necessary for the disposal of this appeal could be stated as follows:

(a) P.W.2 is the wife of the second deceased Degan @ Thiyagarajan, while P.W.6 is the wife of the first deceased Ganesan. They were living at Senji Krishnapuram Colony. The accused also belonged to the same place. The accused had illicit intimacy with one Kala, the wife of one Sohan, the brother-in-law of P.W.2. A panchayat was convened, and they were warned; but, he did not stop. Then, Sohan committed suicide. Even then, it continued. Thus the relationship of both the families was not only strained, but also they were on inimical terms. On 20.10.1999 at about 12.00 Noon, one Indhira came to take water from the pipe situated in front of P.W.2s house. At that time, Degan was cutting a tree, a branch of which fell on the aluminium vessel kept in a basket which belonged to Indhira. On seeing this, Indhira abused Degan, and there was a wordy altercation between the families. At about 5.00 P.M., on that day, both the family members were scolding each other in most filthy language. P.W.2 went to inform Ganesan, the elder brother of her husband, about the incident. At about 6.00 P.M., Ganesan was on his way and was standing near the palmyra tree. At that time, through the village odai, the accused was coming near the cattle shed of one Gopal. On seeing the accused, Ganesan questioned about the incident and the conduct of the family of the accused. Immediately, uttering the words "Who are you to ask. I will finish off one by one", the accused took a palakathi marked as M.O.5 and attacked Ganesan forcibly on the neck. He fell down. On seeing this, Degan went nearby and interfered. Immediately, the accused turned with the palakathi and attacked him on his neck and head repeatedly. He also fell down. Both died at the spot. This was witnessed by P.Ws.2, 3, 4 and 5. The accused went away from the place of occurrence.

(b) P.W.2 rushed to P.W.1, the Village Administrative Officer of the place, who recorded the statement, Ex.P1, given by her. Then, he proceeded to the respondent police station and gave Ex.P1. P.W.16, the Sub Inspector of Police, was present at that time, and he registered a case in Crime No.100/99 under Sec.302 of IPC. The printed FIR, Ex.P20, was sent to the Court through a Constable.

(c) On receipt of the copy of the FIR, P.W.17, the Inspector of Police of that Circle, took up investigation, rushed to the scene of occurrence and prepared an observation mahazar, Ex.P3, and also a rough sketch, Ex.P21. Then, he caused the photographs to be taken which are marked as M.O.8 series. He conducted inquest on both the dead bodies in the presence of witnesses and panchayatdars and prepared two inquest reports, Ex.P22, in respect of Ganesan, and Ex.P23, in respect of Degan. Both the dead bodies were sent to the Government Hospital along with requisitions, Exs.P8 and P10, for the purpose of autopsy.

(d) P.W.3, the Civil Surgeon, attached to the Government Hospital, Vellore, on receipt of the said requisition, conducted autopsy on the dead body of Ganesan and has noticed 4 external injuries. The Doctor has issued a postmortem certificate, Ex.P9, with his opinion that the deceased would appear to have died of shock due to haemorrhage as a result of injury to carotid vessels of left side 18 to 24 hours prior to autopsy.

(e) The same Doctor, P.W.3, on receipt of the said requisition, conducted autopsy on the dead body of Degan @ Thiagarajan and has noticed 3 external injuries. He has issued a postmortem certificate with his opinion that the deceased would appear to have died of shock due to haemorrhage a